Monday, September 8, 2014

Kubenea’s case set for judgment on mid Sept this year

The High Court of Tanzania on Friday last week said that, it will rule out
the judgment of a case in which a renowned journalist Saed Kubenea earlier
filed at the court demanding for the legality of the on-going constitutional
writing process In the civil case No. 28 of 2014 which was filed on his behalf
by a private advocate Peter Kibatala, Kubenea wanted the court to give
clarification on whether the Constituent Assembly (CA) can overturn proposals
contained in the second draft constitution tabled by the Constitutional Review
Commission (CRC). The petitioner seeks declaration on the proper interpretation
of the provisions of Section 25 (1) and Section 25 (2) of the Constitutional
Review Act No. 83 of 2011, on whether it has powers to materially alter the
contents of the second Draft Constitution as presented to it by the CRC). The
decision by the High Court was reached after contravention of the law by the
government advocates who brought a petition demanding that a section of the law
used by the petitioner who demanded the suspension of the CA is not correct. Instead
the three government advocates George Masaji, Gabriel Malata abnd Silvia Matiko
clarified in court yesterday that, section No. 2(2) of the article 358 used by
the petitioner is not right, instead they could have used sectionNo. 2(3) of the article 358. Following the
clarifications by the advocates, they asked the court to dismiss the case as
the application by the petitioner was not rightful according to the laws
governing civil cases. In addition to that, the advocates claimed before the
High Court that, such applications have no basic legal grounds because they
have elements of provocations and incitements to the general public at this
time when the nation is busy writing new constitution.

Saed Kubenea briefing journalists at the High Court premises on what has transpired about his case.

The third injunction the
advocates noted at the Court is that, a certificate of oath used by the
petitioner has some irregularities in it for what was written in it are not
certified correctly. On his side, Kubenea’s
private advocate Peter Kibatala told the High Court that, the sections used by
his customer is correct and that the applications have basic legality. He also
objected the facts that the claims issued by the government are not true. In
view of this the High Court High Court is expected to issue the outcome of the
petition While presenting the petition,
the petitioner stated that on December 1, 2011, the Parliament of the United
Republic of Tanzania passed the Constitutional Review Act, with a view to
regulating the process for the enacting of the new constitution. He argues that
the CRC was constituted by the President to collect public views on the
proposed constitution and on the basis of such views, prepare a draft
constitution. He claims that the Commission, after being so duly constituted,
proceeded to collect views from the public who aired their views in public
meetings, and in a different format, through the “Mabaraza ya Katiba”
constituted in every district in Tanzania for such purpose. But Mr Kubenea
allege that immediately after such constitution of the Constitutional Assembly,
a debate arose within and outside legal circles on whether the Constitutional
Assembly had powers to materially depart from the Draft Constitution as
presented to it by the Commission.

AWARD 1

I won the second prize in policy category of the African Information society Initiative ( AISI) awards 2004 which is annually organized by the United Nations- Economic Commission for Africa ( UNECA) based in Addis-Ababa, Ethiopia. On the first photo above standing with other awardees after the Ceremony at the National Settlers monument in Grahamstown, South Africa.This was during the 8th Highway Africa Conference.The second photo shows the cross section of Jounalists from different African countries who attended the ceremony.

AWARD 2

I also won the AISI-GKP/SDC Media Award special reporting on WSIS process and Africa, and conferred with the award in Tunis, Tunisia during WSIS summit in 2005. See the photo above.

AWARD 3

Winner on the Media Competition on writing about " Stigma denial and Discrimination" associated with HIV/AIDS. This was organized by theAssociation of Journalists Against Aids in Tanzania ( AJAAT). On the Photo above President Jakaya Mrisho Kikwete of Tanzania, ( then the Minister for Foreign Affairs and International Cooperation) was the guest of honour during the award giving ceremony.This was at Maelezo auditorium in Dar-es-Salaam September 2005.

AWARD 4

Winner on the Media Competition on writing about "Vulnerable Children" associated with HIV/AIDS This was organized by the Association of Journalists Against Aids in Tanzania ( AJAAT)

AWARD 5

Winner of the National ICT Media Award organized By SWOPNET in the Country. On the photo above Morogoro Regional Commissioner, Brigadier General ( Rt) Saidi Kalembo was the guest of honour during the award giving ceremony which was held at New Sarvoy Hotel in morogoro town.I was awarded a Mobile phone and a tape-recorder.

AWARD 6

I participated in the Media Competition in writing about VCT (Voluntary Counseling and Testing) in Tanzania which was held between July 15th and October 30th 2008 whereby I emerged among the top five winners. The competition was under the program known as “Tanzania bila Ukwimwi inawezekana” which literally means, Tanzania without AIDS disease transmission is possible”. This is a program which was organizedby the Association of Journalists Against AIDS in Tanzania (AJAAT) under TACAIDS funding. In the photo, I am being presented with a certificate of participation by the Chairman of the Tanzania Commission for AIDS (TACAIDS) Dr. Fatma Mrisho in a colorful ceremony which was held on 22nd December 2008 at Tanzania Information Centre in Dar es Salaam.

AWARD 7

AWARD 8

AWARD 9

I was among the top 17 best selected students who excelled in their final examinations of the 2010/2011 academic year and awarded with the Vice-Chancellor’s prize. I scored 4.5 GPA (First Class) in BA in Journalism. Above I am being given a certificate by the Chairman of the Open University of Tanzania Board of Senate. Standing at the centre facing camera is the Vice-Chancellor, Professor Tolly Mbwette. Extreme left partly hidden is the Deputy Vice-Chancellor (Academic) Professor Elifas Bisanda. This occasion took place during the convocation meeting, a day before the graduation day at the prospective permanent headquarter of the Open University of Tanzania which is currently under construction at Bungo-Kibaha in Coast region 40 kilometers away west of Dar es Salaam city.